HomeMy WebLinkAboutFive Twelve Subdivision PP-09-002RECFrvFj~
FEB 1 8 2010
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
CITY OFG4~f~ oI~~
CITY CLERKS OFFICE
E IDIAN~---
In the Matter of the Request for Preliminary Plat Approval for the Five Twelve
Subdivision Consisting of Two Residential Lots and One Common Lot on approximately
12.91 acres in a R-8 Zone by the Church of Jesus Christ of Latter-day Saints.
Case No(s). PP-09-002
For the City Council Hearing Date of: February 2, 2010 (Findings on the February 23,
2010 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 2, 2010
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 2, 2010
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 2, 2010 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 2, 2010 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-09-002
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are unposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Preliminary Plat and the Conditions of Approval all in
the attached Staff Report for the hearing date of February 2, 2010 incorporated by
reference. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated November, 2009 is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of February 2, 2010 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to obtain the city
engineer's signature on the final plat within two (2) years of the approval of the
preliminary plat or one (1) year of the combined preliminary and final plat or short plat.
In the event that the development of the preliminary plat is made in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
preliminary plat, such segments, if submitted within successive intervals of eighteen
(18) months, maybe considered for final approval without resubmission for
preliminary plat approval. Upon written request and filed by the applicant prior to the
termination of the period in accord with 11-6B-7.A, the Director may authorize a single
extension of time to record the final plat not to exceed eighteen (18) months. Additional
time extensions up to eighteen (18) months as determined and approved by the City
Council maybe granted. With all extensions, the Director or City Council may require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-09-002
-2-
and the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which inay be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of February 2, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-09-002
-3-
By action of the City Council at its regular meetin held on the 3 ~ da of
g Y
2010.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER BRAD HOAGLUN VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~"
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TANIlVIY de WEERD VOTED
(TIE BREAKER)
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Mayor T de Weerd
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Attest: `~~.~`~~~'~ ®~ ~®~4~'~.~',
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aycee loran, City Clerk I' ~
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Copy served upon Applicant,T~fe,~l e °i~ent, Public Works Department and City
~~~~rnun nN~N~
Attorney.
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By: ~~~ p ~ i~ = Dated: - ? - " ~~
City Cler 's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-09-002
-4-
STAFF REPORT Hearing Date: February 2, 2010
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: PP-09-002 -Five Twelve Subdivision
~~E IDR IAN;
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I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Church of Jesus Christ of Latter-day Saints, has applied for preliminary plat (PP)
approval of 2 buildable lots and 1 common lot on 12.91 acres of land in an R-8 zoning district. The
applicant has submitted a conceptual plat showing how the property may develop in the future with
a church and single family residential. See Section IX of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the preliminary plat application with the conditions listed in Exhibit B,
based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The
Meridian Planning & Zoning Commission heard this item on January 7, 2010. At the public
hearing the Commission moved to recommend approval of the subiect PP request.
a. Summary of Commission Public Hearing:
i. In favor: Jo Larson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Pete Friedman
b. Key Issue(s) of Discussion by Commission:
i. Moving the application forward without ACHD comments.
ii. Access to Stoddard Road.
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
~_
t: in ravor: ~o t.arson
11.. In opposition: None
iii, Commenting: None
ly. Written testimony: None
~ Staff presenting application: Bill Parsons
Yi. Other staff commenting on application: Anna Canning
IL. Key Issues of Discussion by Council:
i1 Council discussed the future redevelopment of the lot 2Tphase 2 maintain
the residentially zoned property to the west and noted on the
record the future final plat would be a one lot subdivision.
~, Key Council Changes to Staff/Commission Recommendation
i.. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP-09-
Five Twelve Subdivision PP-09-002 Page 1
002, as presented in the staff report for the hearing date of February 2, 2010, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny file number PP-09-002,
as presented during the hearing on February 2, 2010, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number PP-09-002 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the west side of S. Stoddard Road, midway between Overland Road and
Victory Road, in the southwest '/a of Section 24, Township 3 North, Range 1 West
B. Owner(s):
Tuscany Development
P.O. Box 344
Meridian, ID 83642
C. Applicant:
Church of Jesus Christ of Latter-day Saints
50 E. North Temple Street
Salt Lake City, Utah 84150
D. Representative:
Jo Larson, Lowland-Johanson-Zimmerman Architecture
400 S. Main Street
Payette, ID 83661
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a preliminary plat. A public hearing is required before the Planning
& Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
B. Newspaper notifications published on: December 21, 2009 and January 4, 2010 (Commission);
January 11, and 25, 2010 (City Council)
C. Radius notices mailed to properties within 300 feet on: December 11, 2009 (Commission);
January 8, 2010 (City Council)
D. Applicant posted notice on site by: December 28, 2009 (Commission); January 21, 2010 (City
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant, un-platted land, zoned R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is currently
surrounded by undeveloped agricultural property and residential properties.
North: Agricultural land, zoned RUT in Ada County
East: Single-family residential properties in Bear Creek Subdivision, zoned R-4
South: Agricultural land (preliminary platted as Bear Creek West Subdivision), zoned R-8
Five Twelve Subdivision PP-09-002 Page 2
West: Agricultural land (preliminary platted as Bear Creek West Subdivision), zoned R-8
C. History of Previous Actions:
In 2005, this property was annexed (AZ-OS-064) with an R-8 zoning district and included in
the preliminary plat (PP-OS-064) for Bear Creek West Subdivision. The portion of the plat
that this property lies within was planned to develop with single-family residential building
lots. A development agreement (DA), instrument #106151232, was recorded as a provision of
annexation. The recorded DA requires the property be subdivided in accordance with the
Unified Development Code.
In 2008, an administrative time extension (TE-08-031) was processed and denied by the
director because the owner failed to pay a portion of the reimbursement agreement for the
extension of the Black Cat Sewer Truck in the amount of $156,292.00. Because the time
extension was not granted, the preliminary plat expired. NOTE: The applicant will need to
coordinate with the Public Works Department and Legal Department to amend the previous
reimbursement agreement and pay the appropriate dollar amount prior to city engineer's
signature on phase 1 of a final plat.
D. Utilities:
1. Public Works:
a. Location of sewer: W Kodiak Drive.
b. Location of water: S Stoddard Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property is not within the floodway or within a flood zone according to
FEMA maps.
F. Access: Access to this site is depicted on the proposed preliminary plat via W. Kodiak Drive and
S. Stoddard Road (see Analysis Section IX below for more information).
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land
Use Map. This designation allows smaller lots for residential purposes within the city limits. Uses
may include single-family homes at densities of 3 to 8 dwelling units per acre. The property is
currently zoned R-8 which is consistent with the current land use designation.
The applicant has conceptually shown a church site (non-residential use) and single family residential
lots. Although, the medium density land use designation does not specifically address church uses;
the unified development code (UDC) requires CUP and design review approval prior to
commencement of the use. The site and architectural character for the church site will be evaluated
during the CUP and design review process. (See Section IX, Analysis, below for more information).
Staff finds the following Comprehensive Plan policies to be applicable to this as it pertains to the
subject plat (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the subject property
in the following manner:
Five Twelve Subdivision PP-09-002 Page 3
• Sanitary sewer and water service is available to be extended to the property.
• The lands are sen~iced by the Meridian Fire Department (MFD).
• The lands are serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This service will
not change.
• The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, services will continue to be provided by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water Department, the
Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N,
Objective D, Action 2, page 114)
There is one direct access point to S. Stoddard Road and one access point to the future W. Kodiak
Drive, both designated as collector streets, proposed on the preliminary plat. UDC 11-3A-3
requires access to be taken from a local street if available. The future church site is encumbered
by two collector streets and local street access is not available. Further, the remaining 7 acres
will more than likely develop as single family residential. Cross access was primarily meant to
combine access points for non-residential uses. Therefore, Staff is supportive of'the two access
points as proposed. In addition, staff believes the fititure residential that may develop in the area
should take access from a local street network and not share access with the future church to
Stoddcn•d Road.
• "Require appropriate landscape and buffers along transportation corridor (setback, vegetation,
low walls, berms, etc.) (Chapter VII, Goal IV, Objective D, Action 5, page 114)
A 20 foot wide landscape baffer is rega~ired along S. Stoddard Road and W. Kodiak Drive,
designated collector streets, per UDC Table 11-2B-3. All landscaping shall be installed in
accordance with the standards listed in UDC I1-3B-7C, Landscape Buffers along Streets.
"Permit schools, churches, and other public and quasi public uses in rural areas, that are
compatible with adjacent uses." (Chapter VII, Goal I, Objective D, Action 7, page 110)
The submitted plans depict a fititure church site and residential building lots. Staff believes the
future uses of this property should he consistent with adjacent uses; however, procurement o_f a
CUP and recordation of the plat is required before the future church can be constructed on the
site.
VIII. UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC) Table 11-2A-61ists the principal permitted,
accessory, conditional, and prohibited uses in the R-8 zoning district. The proposed church use of
the site requires conditional use permit approval in the R-8 district. Compliance with the specific
use standards listed in UDC 11-4-3-6 for church uses is also required.
B. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8
zoning district apply to this site.
C. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): 20 feet along Stoddard Road; and 20 feet along Kodiak Drive
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
Five Twelve Subdivision PP-09-002 Page 4
4. Tree Preservation: NA
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Preliminary Plat (PP) Application: The applicant is requesting preliminary plat approval of 2
buildable lots and 1 common lot on 12.91 acres. The recorded DA requires the property be
subdivided in accordance with the unified development code.
The applicant plans to develop a church site on lot 1, block 1 and construct a portion of W.Kodiak
Drive. The remaining acreage will be left vacant. A conceptual plat was submitted with the
application to evaluate compatibility between the future church site and future home sites and is
intended for informational purposes only.
As mentioned earlier this site was previously platted as the Bearcreek West Subdivision.
That plat has expired because the owner of the property did not pay the City their
proportional cost as outlined in the reimbursement agreement for the extension of the Black
Cat Sewer Trunk. As a condition of approval, staff is recommending the applicant
coordinate with the Public Works Department and the Legal Department to amend the
current reimbursement agreement and pay their proportionate share as it pertains to the
subject preliminary plat before City Engineer's signature on the first phase of the final plat.
It is important to note before the church site can be developed, the applicant must record the
final plat, procure CUP and alesigrT review approval prior to commencing with the use.
Phasing Plan: The applicant is proposing to plat the property in two phases. With phase one the
applicant is proposing to plat 1 buildable lot and 1 common lot and proceed with the development
of the church site. Phase two will likely be re-platted at some future date. Staff is generally
supportive of the phasing plan proposed by the applicant.
Landscaping
A. Street Buffers: The applicant submitted a landscape plan with this application submittal. The
purpose of the plan is only to illustrate the required perimeter landscape buffers required for the
proposed subdivision. The UDC requires a 20-foot wide landscape buffer adjacent to W.
Kodiak Drive and S. Stoddard Road. In addition, all landscape buffers shall be planted with
trees and shrubs, lawn or other vegetative groundcover. Staff has reviewed the submitted
landscape plan and finds the landscape plan submitted substantially complies with the
UDC. A portion of the landscaping will be located within ACHD right-of--way. Therefore,
the applicant shall enter into a license agreement with ACHD to allow landscape
improvements within the right-of--way. All landscape buffers shall comply with the
requirements listed in UDC 11-3B-7.
B. Parkways: Aten-foot wide parkway (common lot) is proposed within Kodiak Drive.
Parkways shall be constructed in accordance with the standards listed in UDC 11-3A-17E.
The proposed landscape buffers and parkway meet the dimensional standards; however the
proposed trees and shrubs are not labeled on the plan. An amended plan must be submitted
prior to final plat submittal, consistent with the requirements of UDC ll-3B-7 and UDC ll-
3A-17.E.
C. Pressurized Irrigation System: UDC 11-3A-15 and UDC 11-3B-6 outline the standards for
the proposed subdivisions irrigation requirements. The applicant has depicted a pressurized
irrigation facility within the northwest corner of the site that encroaches into the 20 foot wide
landscape buffer adjacent to Kodiak Drive. Per UDC 11-3B-7C.6 impervious surfaces other than
driveways, signs and walkways are prohibited in the required landscape buffer. Therefore, Staff
is recommending that facility be relocated outside the 20-foot wide landscape buffer and
encourages the future design of that facility to be complementary with the future church
proposed for the site.
Five Twelve Subdivision PP-09-002 Page 5
Access: Access to this site is depicted on the proposed preliminary plat via W. Kodiak Drive and
S. Stoddard Road. UDC 11-3A-3 requires access to be taken from a local street if one is available.
In this case this site is encumbered by two collector streets and local street access is not available.
Staff is supportive of the access points as proposed on the preliminary plat.
Because the applicant is proposing anon-residential use next to future single-family residential,
staff does not support cross-access for the drive access to Stoddard Road. The future residential
development would be better served using a local street network internal to the subdivision. The
requirement for cross-access is intended primarily to apply to non-residential properties.
Therefore, staff is not recommending cross-access between lot 1 and lot 2, block 1.
Sidewalks: The landscape plan depicts 5-foot detached sidewalks along W. Kodiak Drive and S.
Stoddard Road. Per UDC 11-3A-17C, detached sidewalks are required along all collector streets.
Building Elevations: The applicant submitted a rendering of the future church. The future
church site requires recordation of a final plat, CUP and design review approval before
construction can begin. Staff has not provided a detail review of the elevations. A more thorough
review of the site design and elevations will occur during the review of the CUP and design
review applications.
Open Space: UDC 11-3G-3 requires 10 percent of common open space for all residential
developments of five (5) acres or more. The church site is exempt from this standard; however
the remaining portion of the property is not. Open space and amenities for the remaining portion
of the property will reviewed and evaluated with a future plat.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Preliminary Plat
4. Conceptual Plat
3. Landscape Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District (Draft Comments)
7. Parks Department
8. Central District Health
C. Required Findings from Unified Development Code
Five Twelve Subdivision PP-09-002 Page 6
Exhibit A.1: Vicinity/Zoning Map
Exhibit A - 1 -
Exhibit A2: Preliminary Plat
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Exhibit B -Agency and Department Comments
On December 23, 2009, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, and Meridian Parks Department. Staff has included all
comments and recommended actions in the attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 PRELIMINARY PLAT-SITE SPECIFIC CONDITIONS OF APPROVAL
1.1.1 The developer shall comply with all current and previous conditions of approval for this site
related to AZ-OS-064 (Development Agreement Inst. #106151232), except as may be modified
by the City Council.
1.1.2 The preliminary plat prepared by Engineering Northwest, LLC, dated November 23, 2009, is
approved, with the conditions listed herein and with the following changes:
• A 20-foot wide street landscape buffer easement is required along Kodiak Drive and
Stoddard Road per UDC Table 11-2B-3. Depict easements on the final plat.
• Construct the parkway within Kodiak Drive as proposed.
• Driveways shall be from (1) Kodiak Drive and (1) Stoddard Road, as proposed. Future
access shall be in accordance with UDC 11-3A-3.
• Construct Kodiak Drive as proposed with the first phase. The remaining portion of
Kodiak Drive shall be extended with Phase 2.
• The pressurized irrigation facility shall be located outside of the 20 landscape
easement in accordance with UDC 11-3B-7C.6.
• The applicant shall coordinate with the Public Works Department and the Legal
Department to amend the current reimbursement agreement and pay their
applicable portion ($25,267.00) as it pertains to the subject preliminary plat before
City Engineer's signature on the first phase of the final plat.
1.1.3 The landscape plan prepared by Lowland-Johanson-Zimmerman Architercture, dated November
24, 2009 labeled L-1.00 and L1.10 (attached in Exhibit A), is approved with following
modifications from the Planning Department:
• Enter into a license agreement with ACHD to include landscape improvements within the
right-of--way adjacent to Kodiak Drive and Stoddard Road.
• All required landscape buffers and parkway shall be constructed in accordance with UDC
11-3B-7 and UDC 11-3A-17.
• Prior to final plat submittal, the applicant shall amend the landscape plan and label
the planting materials as specified in the legend.
• A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan. All standards of
installation should apply as listed in UDC 11-3B-14.
Submit revised landscape plans to the Planning Department with the submittal of the final plat
application.
1.1.4 The applicant shall record a final plat prior to the issuance of a certificate of zoning compliance
for the church site or the issuance of a building permit for any single family dwelling that does
not require CZC approval.
1.1.5 The applicant shall procure a conditional use permit and design review approval prior to
commencement of the church use on the property.
1.1.6 Comply with all ACHD conditions of approval.
Exhibit B
1.2 PRELIMINARY PLAT -GENERAL REQUIREMENTS
1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface
or well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in accordance with
UDC 11-3A-15 and MCC 9-1-28.
1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
1.2.4 The applicant shall erect temporary construction fencing if permanent fencing is not provided to
contain debris around the perimeter prior to issuance of a building permit.
1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated. Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation plan for the
existing trees on site. Provide a copy of the plan to the Planning Department with the final
plat submittal.
1.2.6 Unless used as a water amenity or linear open space, all irrigation ditches, laterals or canals,
intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per UDC 11-3A-6. Plans will need to be approved by the appropriate irrigation/drainage district,
or lateral users association (ditch owners), with written approval or non-approval submitted to the
Public Works Department. If lateral users association approval can not be obtained, alternate
plans will be reviewed and approved by the City Engineer prior to final plat signature.
1.2.7 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record
legally binding documents that state the maintenance and ownership responsibilities for the
management of the development, including but not limited to structures, parking, common areas,
private streets, and other development features.
1.2.8 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing,
pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat.
1.2.10 All development improvements including water, sewer, fencing, landscaping, amenities and
pressurized irrigation shall be installed and approved prior to obtaining Certificates of
Occupancy.
1.2.11 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
1.2.12 All future development of the subject property shall comply with City of Meridian ordinances
in effect at the time of development.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in W Kodiak
Drive. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is
less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
Exhibit B - 2 -
2.2 Water service to this site is being proposed via extension of mains in S Stoddard Road. The
applicant may be responsible to install two water connections due to fire flow requirements. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 The applicant may be required to provide an easement for or install a PRV at any location needed
to control the risk of conflicting pressure zones. Coordinate size and location with Public Works.
2.4 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The common lot shall be covered with a blanket easement to the City of
Meridian.
2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forms. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.7 All existing structures that are required to be removed shall be removed prior to signature on the
final plat by the City Engineer.
2.8 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.9 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.10 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
Exhibit B - 3 -
2.13 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.14 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backlill, where footing would sit atop fill material.
2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation.
2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or the
ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.21 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" outlets.
g. Fire hydrants shall be provided to meet the requirements of the 1FC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to
existing buildings within 1,000 feet of the project.
3.2 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000
GVW.
3.3 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
Exhibit B - 4 -
3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.6 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.7 There shall be a fire hydrant within 100' of all fire department connections.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related with the site design as submitted with this
application.
5. SANITARY SERVICES
5.1 SSC did not provide comments on this application.
6. ADA COUNTY HIGHWAY DISTRICT (DRAFT COMMENTS)
6.1 Construct Stoddard Road as one-half of a 46-foot street section with vertical curb, gutter, 8-foot
wide planter strip and 5-foot wide detached concrete sidewalk, as proposed. Provide ACRD
with a sidewalk easement for any segment of the sidewalk located outside of the right-of--way.
6.2 Construct Kodiak Drive to intersect Stoddard Road. located at the north property line, align the
roadway centerline to centerline with Kodiak Drive on the east side of Stoddard Road.
6.3 Construct the first 150-feet of Kodiak Drive west of Stoddard Road with a minimum 21-feet of
pavement on both the north and south street sections, an 11.6-foot wide center landscape island,
vertical curb gutter 8-foot wide Rlanter strip and 5-foot wide detached concrete sidewalk on the
south side of Kodiak and with a 3-foot gavel shoulder and barrow ditch on the north. Provide a
sidewalk easement for any segment of the sidewalk located outside of the right-of--way.
6.4 Construct the remaining_segment of Kodiak drive as one-half of a residential collector street
section with a minimum 24-feet of pavement vertical curb, gutter, and 5-foot wide concrete
sidewalks on the south side of the roadway with a 3-foot wide gravel shoulder and barrow ditch
on the north side of the roadway. Front-on housi ~ and on-street parking are prohibited on
residential collector roadways. Provide a sidewalk easement for any segment of the sidewalk
located outside of the right-of--way. Coordinate a signage program to restrict parking on Kodiak
Drive with District Development Review and Traffic Services staff.
6.5 Submit written documentation from the Meridian Fire Department supporting the alternative
turnaround for Kodiak Drive. If this information is not submitted to ACRD, the apRlicant will be
required to construct a temporary cul-de-sac turnaround at the terminus of the roadway. The
turnaround should be desi nged to provide a minimum outside radius of 45-feet. The applicant
will be required to install a sign at the terminus of Kodiak Drive stating that, "THIS ROAD
WILL BE EXTENDED 1N THE FUTURE."
6.6 Construct one 30-foot wide driveway onto Stoddard Road located 370 feet south of Kodiak
Drive as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the
edge of pavement.
6.7 Construct one 30-foot wide driveway onto Kodiak Drive, located 365-feet west of Stoddard
Road as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the
edge of pavement.
6.8 Other than the access specifically approved with this application, direct lot access is prohibited to
Stoddard Road and shall be noted on the final plat.
Exhibit B - 5 -
6.9 Comply with all Standard Conditions of Approval.
6.1 Standard Conditions of Approval
6.1.1 Any existing irril>ation facilities shall be relocated outside of the right-of-wad
6.1.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-wad
6.1.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
6.1.4 Replace any existing dammed curb, gutter and sidewalk and any that may be dammed during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
6.1.5 Comply with the District's Tree Planter Width Policy,
6.1.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (,with file numbersh
details.
6.1.7 All design and construction shall be in accordance with the Ada County Hi~hwav District Polic
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
6.1.8 The applicant shall submit revised plans for staff approval, prior to issuance of building_permit
(or other required permits), which incorporates any required desi >nt, chance
6.1.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Hi 71g sway District prior to District approval for occupancy-
6.1.10 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
6.1.1 I It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
~plicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (mare or filled) are compromised during
any phase of construction.
6.1.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and si ng ed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Hi hway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
6.1.13 Anv change by the applicant in the planned use of the property which is the subiect of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other re ug latory and legal restrictions in force at the time the applicant or its successors in interest
advises the Hi hway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
7. PARKS DEPARTMENT
7.1 The Parks Department has no concerns with the site design as submitted with this application.
Exhibit B - 6 -
8. CENTRAL DISTRICT HEALTH DEPARTMENT
8.1 After written approval from appropriate entities is submitted, we can approve this proposal for
central sewage and central water.
8.2 The following plans must be submitted to and approved by the Idaho Department of
Environmental Quality: central sewage and central water.
8.3 Run-off is not to create amosquito-breeding problem.
Exhibit B - 7 -
C. Required Findings from Unified Development Code
1. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan and is consistent with the
unified development code;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan. The Council supports the proposed plat layout, with recommended
changes, as they comply with the provisions of the Comprehensive Plan. Please see
Comprehensive Plan Policies and Goals, Section 7, of the Staff Report.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services can be made available to accommodate the proposed
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
own cost, the Council finds that the subdivision will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public service
providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more
detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The Council is not aware of any health, safety, or environmental problems associated with the
development of this subdivision that should be brought to the Council or Commission's
attention. ACHD considers road safety issues in their analysis. Staff recommends that the
Commmission and Council reference any public testimony that may be presented to determine
whether or not the proposed subdivision may cause health, safety or environmental problems
of which Staff is unaware.
f. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the
Council finds that the proposed development will not result in the destruction, loss or damage
of any natural, scenic or historic feature(s) of major importance. Staff recorrunends that the
Commission and Council reference any public testimony that may be presented to determine
whether or not the proposed development may destroy or damage a natural or scenic
feature(s) of major importance of which Staff is unaware.
Exhibit C